Harris Trust & Savings Bank v. Chicago Title & Trust Co.

This is an appeal from an order dismissing an amended complaint which prayed for various types of equitable relief, including a declaratory judgment and injunction, regarding an easement which is alleged by plaintiff to exist across defendant’s property. Plaintiff appeals the court’s dismissal of amended count IV which sought a declaratory judgment and injunction and also appeals the trial court’s denial of plaintiff s motion to vacate the judgment on the basis of newly discovered evidence.

The complaint alleges that, on January 5, 1960, John Pekara, Sr., as beneficiary of a trust of which…